Kimberly White started the Plainfield T.I.D.B.I.T. newsletter in early 2023.  While creating the newsletter’s website and business cards, White used a stylized “P” logo the Town of Plainfield (“Plainfield”) had used on flags and signs for several years.  After Plainfield received mail related to the newsletter, Plainfield registered the logo with the Secretary of State and the trademark was approved.  White continued to use the logo, so Plainfield sued.  The trial court found that the logo was trademarked, and White had infringed upon it.  The trial court also permanently enjoined White from using the logo in connection with the T.I.D.B.I.T. initiative.  White now appeals, arguing Plainfield cannot trademark the logo, there was insufficient evidence of infringement, and the trial court failed to adequately consider her First Amendment rights.  Plainfield counters, contending the logo can be trademarked, there was sufficient evidence White infringed on the mark, and the dispute does not implicate White’s First Amendment rights.

The scheduled panelists are Chief Judge Altice, Judge Kenworthy, and Judge Felix.